Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-04-18

under the Indictment for murder, and it is
| question of fact tor the jury TO decide; and
if the jury shall find that there was con-
| spiracy to xiii Haddock, aud that the defend
ant was one of the parties TO it, then the
court instructs that he may be found guilty
of murder in the first degree, even though he
did not himself fire the fatal shot, aud even
though he was not present when the shot was
fired. II the jury shall find that there was con-
| spiracy to assault and do bodily injury to
Haddock, and the defendant WAS party to
tue CONSPIRACY and If in carrying out the
| Inlawfui attempt haiiock was killed,
| though not originally intended to do so, then
! tine court instructed that the defendant may
be found gully of murder. Ii the jury shall
| find that there n conspiracy either to
kali or assault Haddock, then all the declara-
tons and acts Of all the parties to the con-
| >piracy in pursuance thereof, although not
IN the presence Of the defendant, were to be
considered as proper for the consideration of
| the Jury. In regard To the defense OF an
alioi the court instructed that II was one
easily manufactured, ami that it must be
| supported by prepouderance of the
evidence, and the evidence in support of it is
to IL considdrsi with caution.
| The sensational feature of the Instructions
was that in which tie court aIluded to one
member of the jury, an he aided that the
| juryman TO whom he referred was not Affair,
IN regard to Whose con,!uct outside Of the
| courtroom criticism ha bsen made in the
public prints. Regarding this matter the
judge said
| feel that ! would not discharge fully my
| duty should l'faii to eall attention to the
fact that there is one juror who, from the
| lime that be was sWora, has shown stub
born disposition, having apparently no de-
| sire 10 reach the faces in the case. | think
| that have never betHre seen such an exhibit
ton of impotence AMI uuress as la We seen
on the port Of nu- % the jurors in this case.
| From day &c day | have regretted it.
trust no" that when that juror is called upon
/ to act N making an a verdict in so lmpor-
tant ctlse be viii see the propriety Of jussce
| IN giving that attention aud celebration
| that every far AMI honest mial knows both
state and defendant are entitled to.
| The jury took the case and retired about :
| p. IN Saturday, and as they did not agree
| upon a verdict at a late honr in the evening
| they were locked NJ for the night At noon
| Sunday the jury made a report to court that
| they could not agree, and were discharged
| The foreman said that eleven favored
| acquittal, and as on!y one showed stubborn,
ness there was yet hone of an agreement.
Thereupon Dennis OConne!I rose and said be
was the stubborn juryman referred to; that
his opinion was Ma ter of judg
| ment and conscience between hin
| and his God. and that if the
jury should remain out five weeks he could
not discard what he considered a right
| opinion for wrong one. Judge Lewis then
| discharged The jury.
This leaves tue case in the same condition
as it was before the tria! began, so far as the
| court IS concsrnsi There Is considerable
comment on the street upon the action of the
judge IN discbargiGg the jury, and the
friends Of Arens lo-f are loui in their de-,
| nancIatioB Of his action. while others say
that IN view of the statement Of Juror
! OConn II he WAS justified IN doi.is a. he did